Q: I just got hired as a part time cashier. Part of the training is studying STANDING UP. Supervisor said no sitting.
Is that ok for the employer to make you stand up for 7 to 8 hrs while you read and study.
A: Employers may require you to stand for prolonged hours if the essential functions of the job require standing and if sitting will interfere with your active duties. California courts have generally held that cashiers are among the jobs that require prolonged standing. However, each case has its own fact-specific nuances and for more detailed advice, it is advisable to speak to an attorney.
A: In Kilby v. CVS Pharmacy, the California Supreme Court ruled that employers must provide an employee with seating if the employee’s tasks at a discrete location make seated work feasible, even if the employee’s job duties include other standing tasks. The Supreme Court found that the “nature of the work” element of the seating requirement refers to the actual tasks performed by an employee at a particular location, rather than a holistic consideration of the entire range of an employee’s duties anywhere on the jobsite during a shift.
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